Posted by: shasha | 2009-01-28

ufairly dismissed

my brother managed a shoe store in pretoroia at the beginning of this year he went to work and he was told to wriite a resignation letter, because he allegedly stole abig amount of money in december.he refused but he was thretend to a point that he wrote the letter.he is now unemployed and did not recieve his pay for the month.2 weeks later his girlfriend got fired by the same shoe store,but different departmet,same area manager, same procedure.

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Our expert says:
Expert ImageLabour lawyer

re; unfairly dismissed

If your brother was forced to resign, he can go to the CCMA on a claim for constructive dismissal. He however bears the onus to prove that he was forced to resign.

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Our users say:
Posted by: Trev | 2009-01-30

Quite agreed,no-one has coerce you to sign anything you dont want to.I would consult a good labour lawyer,but obviously the company would deny that the resignation was forced,and would claim that it was voluntary.Perhaps,under skilled cross examination the truth could be involuntarily extracted from them.
It is despicable that managers of this calibre still exist in South Africa.

Reply to Trev
Posted by: Boetie | 2009-01-29

What a pity they signed letters of resignation. You give up your rights when U resign. Nobody can force U to sign such a letter. Many yrs. ago I was in a similar position. I made it quite clear to the M.D. that there was only one way he was going to get rid of me ie to fire me. U see I was also not guilty of what they had accused me of. I told them straight that I' m nobody' s fool. They transferred me 2 another dept. after that. It' s better rather to fight them + prove your innocence, at least that way U retain your rights + can have your name cleared. When U resign U are also not able to draw unemployment.

Reply to Boetie

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